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08-18-98 CC MinutesRegular Meeting of the City Council August 18, 1998 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on August 18, 1998 at 6:30 p.m. The following members were present: Anderson, Bakken, Johnson, LeSuer, and Micks. Also present were: William Joynes, City Manager; Allen Barnard, City Attorney; and Judy Nally, Administrative Secretary. Citizen Input Mayor Anderson introduced the agenda item. Hearing and seeing no one, the Mayor continued the meeting. Letter from Julie Johnson Regarding City Newsletter Council Member Johnson asked that Cheryl Weiler, Communications Coordinator, and Editor for the CityNews come forward and be publicly recognized for the good job she does as Editor. The Council expressed their appreciation to her. MOVED by Johnson, seconded by Micks and motion carried unanimously to receive and file the letter from Julie Johnson, dated July 30, 1998 regarding the City newsletter. Approval of Minutes: City Council Meeting - August 3, 1998; and Council/Manager Meeting - August 11,1998 MOVED by Micks, seconded by Johnson City Council Meeting minutes of August minutes of August 11, 1998 as submitted. Approval of Agenda and motion carried unanimously to approve the 3, 1998; and the Council/Manager Meeting MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the agenda of August 18, 1998 as amended: Addition to Public Hearing for 98 SS 1 - Recall Public Hearing - 98 SS 1 - Madison Avenue West - 10/6/98. Approval of Consent Agenda MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk, except removal of Letters and/or Petitions - Letter from Julie Johnson Regarding City Newsletter; and Call for Feasibility Study - 1999 Pavement Management Program. Mayor Anderson read the items listed on the consent agenda. Regular Meeting of the City Council August 18, 1998 Page 2 *Approval of Check Register MOVED by Johnson, seconded by LeSuer and motion carried unanimously to authorize the payment of the bills as submitted. *General Business and Heating Licenses MOVED by Johnson, seconded by LeSuer and motion carried unanimously to authorize the issuance of license #17112 and #7078 - #7079. *Gambling License Exemption - Minnesota Youth Athletic Services Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 98-68 RESOLUTION OF THE CITY OF GOLDEN VALLEY APPROVING ISSUANCE OF A PREMISES PERMIT FOR THE CONDUCT OF LAWFUL GAMBLING (MINNESOTA YOUTH ATHLETIC SERVICES) The motion for the adoption of the foregoing resolution was seconded by Member LeSuer and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, LeSuer, Johnson and Micks; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. *Minutes of Boards and Commissions MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the minutes received as follows: Planning Commission - July 27, 1998 Human Services Foundation - July 27, and August 10, 1998 Public Hearing - 98 SS 1 - Madison Avenue West; and Recall Public Hearing -10/6/98 William Joynes stated that because of changes in the percentages of the assessment roll the public hearing would have to be recalled for October 6, 1998. Allen Barnard stated the Council does not have to open the public hearing; should adopt a new resolution to recall the public hearing. Regular Meeting of the City Council August 18, 1998 Page 3 Public Hearing 98 SS 1 - Madison Avenue West and Recall Public Hearing -10/6/98 - Continued Member Bakken introduced the following resolution and moved its adoption: RESOLUTION 98-72 RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS 98 SS 1 MADISON AVENUE WEST The motion for the adoption of the foregoing resolution was seconded by Member Johnson and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, LeSuer, Johnson and Micks; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. The Council did not consider Resolution 98-69, Resolution Ordering Construction of Certain Proposed Public Improvements and Authorizing Advertising for Bids - 98 SS 1 - Madison Avenue West. Public Hearing - Preliminary Plat Approval - Golden Hills West 4th Addition - Golden Valley HRA William Joynes introduced the agenda item. Rick Groger, Planning Commissioner, presented the Commission report. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Bill Hume, 320 Brunswick Avenue South, stated there are 41 homes in his neighborhood; showed a map with the location of the current trees on the lot; stated they sold the land to the City so there would be a buffer along Laurel Avenue; suggested a berm with trees like the Laurel condominiums have; stated they are going to prepare a petition requesting the Council give them input into how the area should be improved; and encouraged the City to make a park out of the site. Glen Eiden, 345 Brunswick Avenue South, stated he agreed with the previous speaker The Mayor closed the public hearing. Regular Meeting of the City Council August 18, 1998 Page 4 Public Hearing - Preliminary Plat Approval - Golden Hills West 4th Addition - Golden Valley HRA - Continued MOVED by Johnson, seconded by Micks and motion carried unanimously to approve preliminary plat for Golden Hills West 4th Addition, subject to the City Engineer determining final easement locations and initiating any necessary vacation proceedings for existing easements or streets that are being eliminated, and subject to any comments from MnDOT. MOVED by Bakken, seconded by LeSuer and motion carried unanimously to refer the item to the Open Space and Recreation Commission and report back to the Council. Public Hearing - Preliminary Design Plan Approval - PUD #78 - Duke Realty Limited Partnership William Joynes introduced the agenda item. Rick Groger, Planning Commissioner, presented the Commission report. Ed Farr, and Dave Jellison, representing Duke Realty, reviewed the plan and answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Johnson, seconded by Bakken and motion carried unanimously to approve the preliminary design plan for PUD #78, Duke Realty Limited Partnership, subject to the following conditions: To address Laurel Avenue traffic concerns, the Commissioners added a recommendation that one of the existing Laurel Avenue driveways should be closed and the rest should be posted for truck traffic only. Other modifications clarify or expand suggestions relating to landscaping, signage, and joint agreements. 2. All plans submitted for the General Plan stage, or required as attachments to the permit itself, are to show full details of the entire site. 3. Landscaping plans are to be given final approval by the Building Board of Review, but should at minimum include north side berm plantings of a variety, and maturity to match the already -established greenery on the berm across the east (Cyber Optics) lot - an increase in the density of berm plantings is also recommended for both lots. Regular Meeting of the City Council August 18, 1998 Page 5 Public Hearing - Preliminary Design Plan Approval - PUD #78 - Duke Realty Limited Partnership - Continued 4. Grading and landscape plans should be revised to reflect a berm height of seven to eight feet above the adjacent site grade for the west lot, to more closely match the existing berm height on the east (CyberOptics) lot. 5. The applicant is to prepare an access and maintenance agreement for the joint driveway, and including provisions for joint maintenance/repair of the parking areas on both lots. 6. Rubbish disposal facilities are to be located entirely within the main buildings if possible, though a properly enclosed outside dumpster area would be acceptable for the existing building if there is no reasonable interior location, and there is to be no rubbish pick-up between the hours of 10:00 p.m. and 7:00 a.m. 7. Activities permitted in both buildings and on the site in general are as follows: a. General offices but no medical offices, with the easterly (CyberOptics) building additionally limited to no more than 57,000 gross square feet of office space. b. Office support services like cafeterias or snack bars, copying and collating centers, mail centers, or day care — no outside advertising allowed, in order to maintain classification as limited accessory uses. C. Warehouse uses. d. Temporary retail sales as regulated by City code, except that the owner of the other lot must provide written consent for any such proposed sale before the City will approve a temporary retail sale application on either lot. e. Manufacturing uses regularly permitted under city zoning provisions are allowed without specific restriction, but the leasing agent(s) should take care to select tenants that do not employ processes or machinery likely to cause a nuisance for other tenants or for adjacent residential and office uses. f. No freight truck maneuvering or freight loading or unloading between the hours of 10:00 p.m. and 7:00 a.m. g. No freight trucks containing refrigerated or other materials that require constant generator power allowed on site between the hours of 10:00 p.m. and 7:00 a.m. h. No outdoor storage of any materials or equipment. i. Unified or complementary design plans for all outdoor facilities and amenities on both lots, with an agreement providing for shared decisions or long-term maintenance and on any future changes to such facilities and amenities. j. An agreement providing for joint contracting of all outdoor seasonal maintenance. Regular Meeting of the City Council August 18, 1998 Page 6 Public Hearing - Preliminary Design Plan Approval - PUD #78 - Duke Realty Limited Partnership - Continued k. Business signage to meet the standards established in City code, and overall campus identification and directional signage to be covered under unified design and joint maintenance agreement recommended above for outdoor facilities. I. All proposed legal agreements are subject to the applicant's expense. M. The applicant is to address all requirements Engineering Department memo dated July 21, n. The applicant is to address all requirements Inspections Department memo dated July 22, review by the City Attorney at and comments set out in the 1998. and comments set out in the 1998. Public Hearing - Preliminary Plat Approval - 6620 Wayzata Boulevard and 950 Florida Avenue South William Joynes introduced the agenda item. Rick Groger, Planning Commissioner, presented the Commission report. Barbara Schneider, Director of Development, Border Foods, Inc. was available to answer questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Johnson, seconded by Bakken and motion carried unanimously to approve the preliminary plat for 6620 Wayzata Boulevard and 950 Florida Avenue South, including a variance from the requirement to dedicate an additional five feet of right-of-way along Florida Avenue, subject to the following conditions: 1. The final plat will show an easement for an additional five feet of right-of-way along Florida Avenue South. 2. All necessary drainage and utility easements be shown on the final plat as required by the City Engineer. 3. If required by the City Attorney, a title opinion shall be prepared for the City prior to final plat approval. The applicant shall pay the cost of the title opinion. Regular Meeting of the City Council August 18, 1998 Page 7 Public Hearing - Ordinance #186 - Conditional Use Permit - 6620 Wayzata Boulevard and 950 Florida Avenue South The following ordinance was MOVED by Micks, seconded by Johnson: ORDINANCE #186, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit No. 98-73 6620 Wayzata Boulevard, and 950 Florida Avenue South Border Foods, Inc., Applicant William Joynes introduced the agenda item. Rick Groger, Planning Commissioner, presented the Commission report. Barbara Schneider, Director of Development, Border Foods, Inc. was available to answer questions from the Council The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Micks, seconded by Johnson and motion carried unanimously to approve Ordinance #186, 2nd Series. Upon a roll call vote, the vote was as follows: ANDERSON -YES BAKKEN - YES JOHNSON -YES LESUER - YES MICKS - YES *Approval of Requests for Beer and/or Wine at Brookview Park MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the requests for beer and/or wine at Brookview Park as recommended by staff. *Approval of Plat - Olin Addition Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 98-70 RESOLUTION FOR APPROVAL OF PLAT - OLIN ADDITION Regular Meeting of the City Council August 18, 1998 Page 8 *Approval of Plat - Olin Addition - Continued The motion for the adoption of the foregoing resolution was seconded by Member LeSuer and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, LeSuer, Johnson and Micks; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. *Receipt of July 1998 General Fund Budget Report MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the July 1998 general fund budget report. Call for Feasibility Study - 1999 Pavement Management Program Council Member Micks asked questions about the areas of the City to be done, and what is the condition of the streets. Member Micks introduced the following resolution and moved its adoption: RESOLUTION 98-71 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT 1999 STREET PROGRAM The motion for the adoption of the foregoing resolution was seconded by Member LeSuer and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, LeSuer and Micks; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Update on Storm Management Policy William Joynes reviewed the discussion from the Council/Manager Meeting held on August 11, 1998 about the storm management policy. The Council reviewed the survey results prepared by the City Forester from surrounding communities regarding the May and June storm damage. At that meeting the Council decided to maintain the current policy, which is to not remove trees damaged from storms on private property. The City will continue to remove damaged trees from City property. The City will encourage residents to participate in the brush pick-up program. If a major storm or tornado occurs the Council has the authority to declare an emergency and fund any City clean up. Regular Meeting of the City Council August 18, 1998 Page 9 Update on Highway 100 William Joynes reviewed the meetings held with MnDOT regarding the sound wall on Highway 100. He stated there were some possibilities to moderate some of the neighborhood concerns, including a step down of the sound wall, plantings around some homes and extension of part of the sound wall to protect some homes. Announcements of Meetings The next City Council Meeting is September 1, 1998. Mayor Anderson will distribute copies of the flyer for the meeting being held on September 18, 1998 by The Minnesota Fair Housing Center on Building Inclusive Communities. Mayor and Council Communications No action and/or discussion took place. *Receipt of West Suburban Mediation Center 1998 Second Quarter Report MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the West Suburban Mediation Center 1998 Second Quarter Report dated August 10, 1998. *Proclamation for United Way Weekend - August 28-30, 1998 MOVED by Johnson, seconded by LeSuer and motion carried unanimously to proclaim August 28-30, 1998 as United Way Weekend in Golden Valley. Appointments to Minnehaha Creek Watershed District William Joynes introduced the agenda item. MOVED by Bakken, seconded by LeSuer and motion carried unanimously to appoint Martha Micks as the public official; and Jeff Oliver as the staff liaison for the Minnehaha Creek Watershed District. Regular Meeting of the City Council August 18, 1998 Page 10 Adjournment The Mayor adjourned the meeting at 8:11 p.m. ��•erson, ATTEST: J y Nally, Administrate, dministrat' Secretary